Wilson v. Smith
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel county. Replevin by the appellant, who was appointed administrator ad colligendum of the estate of Samuel Owens on the 23rd of February 1049, to recover a negro slave named. Milly, alleged to belong to said estate. Pleas, non cepit, property in defendant, property in a stranger, and actio non accrevit infra tres amos. 1st Ewception. The evidence in the case on both sides is sufficiently stated in the opinion of this court.
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Appeal from the Circuit Court for Anne Arundel county. Replevin by the appellant, who was appointed administrator ad colligendum of the estate of Samuel Owens on the 23rd of February 1049, to recover a negro slave named. Milly, alleged to belong to said estate. Pleas, non cepit, property in defendant, property in a stranger, and actio non accrevit infra tres amos. 1st Ewception. The evidence in the case on both sides is sufficiently stated in the opinion of this court. The defendant then asked- the following instruction to the jury: That if the jury believe from the evidence that negro Milly,…
1Opinion of the CourtLe Grand, C. J.
This was an action of replevin, instituted in the circuit court for Calvert county, on the 30th day of April 1850, for the recovery of negro woman named Milly, claimed by the' plain tiff as the property of Samuel Owens, late of that county. The usual pleas in replevin were filed, including actio non accrevit infra tres annos.
The plaintiff proved that Samuel Owens died in Calvert county in the year 1815, and that it no where appeared among the records of the register of wills of said county that any letters testamentary, or of administration, were ever granted upon
*74the estate of Samuel Owens,…
2Cited by4 opinions
- Williams v. WoodsCourt of Appeals of Maryland · 1860
- Donaldson v. RaborgCourt of Appeals of Maryland · 1867
- Clemens v. Mayor of BaltimoreCourt of Appeals of Maryland · 1860
- Smith v. WilsonCourt of Appeals of Maryland · 1861